IN RE BARONI

Nos. 21-55076, 21-55150.

36 F.4th 958 (2022)

IN RE Allana BARONI, Debtor, Allana Baroni, Appellant, v. David Seror, Chapter 7 Trustee, Appellee. In re Allana Baroni, Debtor, Allana Baroni, Appellant, v. David Seror, Chapter 7 Trustee; Bank of New York Mellon; Wells Fargo Bank, N.A., as Trustee for Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2005-17, Appellees, v. Nationstar Mortgage LLC, Movant.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2022.


Attorney(s) appearing for the Case

M. Jonathan Hayes (argued) and Matthew D. Resnik , Resnik Hayes Moradi LLP, Encino, California, for Appellant.

Jessica L. Bagdanov (argued), Steven T. Gubner , and Susan K. Seflin , Brutzkus Gubner, Woodland Hills, California, for Appellee David Seror.

Jan T. Chilton (argued), Severson & Werson APC, San Francisco, California, for Appellee Wells Fargo Bank.

D. Kyle Deak (argued) and Justin D. Balser , Troutman Pepper Hamilton Sanders LLP, Irvine, California; Preston K. Ascherin , Akerman LLP, Los Angeles, California; for Appellee Bank of New York Mellon.

Before: Paul J. Kelly, Jr., Milan D. Smith, Jr., and Danielle J. Forrest, Circuit Judges.


OPINION

Appellant Allana Baroni defaulted under her Chapter 11 bankruptcy plan by refusing to pay Appellee Bank of New York Mellon1 (Bank of NYM) after she lost her adversary proceeding challenging the bank's secured claim. This was not the...

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